AILA President Responds to Court of Appeals Remand of DACA Litigation

By: Nadine Chen

On July 16, 2021, Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas ruled that the Obama Administration’s Deferred Action for Childhood Arrivals (DACA) program was illegal. This ruling was appealed, with the federal government arguing in part that the states’ legal arguments against the program will be moot after the new DHS DACA regulation takes effect on October 31, 2022. On October 5, the Fifth Circuit Court remanded the case for further proceedings regarding the legality of the changes made to DACA under Biden.

James McKinney, President of the American Immigration Lawyers Association (AILA), released the following response:

“Yesterday, a panel of the Fifth Circuit Court of Appeals sent the DACA program back to Judge Hanen. However, there is little hope Judge Hanen will rule for the program, despite the fact that it is grounded in prosecutorial discretion—something every law enforcement agency possesses. The silver lining here is that the stay is continued, which means that DACA recipients eligible for renewal should be safe in the short term. While USCIS can accept new DACA applications, the agency cannot adjudicate them at this time.”

He went on to add, “This remand heightens the urgency that Congress must act immediately and protect Dreamers permanently. Congress has failed for 22 years to protect DACA recipients and other Dreamers--something a majority of voters from both sides of the aisle support in poll after poll. Congress needs to stop dragging its feet and get this done. Protecting Dreamers permanently is right, true to America’s values, and ultimately benefits all of us.”

As the future of DACA remains uncertain, it is essential that all potential recipients file their applications correctly and in a timely manner. For assistance in filing DACA, or case-specific questions please contact the trusted Chugh, LLP Immigration team.

Latest Posts


  • Corporate Law
  • Tax
  • Immigration
  • Litigation
  • Family Law
  • Class Action
  • Corporate Formation And Formalities
  • Mergers And Acquisition
  • Joint Ventures
  • Employment Law
  • Real Estate
  • Intellectual Property
  • Doing Business In India
  • Entertainment
  • Estate Planning
  • Premarital, Marital And Cohabitation Agreements
  • Divorce And Legal Separation
  • Spousal Support / Alimony
  • Child Custody, Visitation And Parenting Time
  • Child Support
  • Government Contract
  • Corporate Immigration
  • Employment Based Permanent Residence (green Card)
  • H-1b Visas For Temporary Workers
  • Intracompany Transferee Visa (l-1a/l1b)
  • Tn Visas
  • Labor Certification And National Interest Waiver
  • I-9 Compliance
  • O-1 Visa (individuals Of Extraordinary Ability)
  • H-2 Visas
  • B-1 Visa
  • Family-based Immigration
  • Permanent Residence
  • K Visas
  • International Adoption
  • Us Citizenship & Naturalization
  • Investors
  • Eb-5 Green Card
  • Treaty Trader Visa E-1
  • Treaty Investor Visa E-2
  • Students And Work Authorization
  • F-1 Student Visa
  • M-visas
  • Removal Defense
  • Victims Of Crime
  • Vawa
  • U Visas
  • T Visas
  • Other Immigration Categories
  • International
  • Landlord & Tenant
  • Personal Injury
  • Tax Law
  • Overseas Education Consultancy
  • Universal

© 2024 Chugh LLP Affiliate Network. All Rights Reserved